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PART II Page No. 21 Permit No.: CO-0044776 • 2. Dutv to Provide Information The petmittee shall furnish to the Division, within a reasonable time, any information which the Division may request to detemilne whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this pemut. 3. Transfer of Ownership or Control a. Except as provided in paragraph b. of this section, a permit maybe transferred by a permittee only if the pemtit has been modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System Regulations, to identify the new permittee and to incorporate such other requirements as maybe necessary under the Federal Act. b. A permit may be automatically transferred to a new permittee if: i) The current perauttee notifies the Division in writing 30 days in advance of the proposed transfer date; and ii) The notice includes a written agreement between the existing and new permittee(s) containing a specific date for transfer of petmit responsibility, coverage and liability between them; and iii) The Division does not notify the existing pemtittee and the proposed new permittee of its intent to modify, or revoke and reissue the permit iv) Fee requirements of the Colorado Dischazge Permit System Regulations, Section 61.15, Lave been met. 4. Availability of Reoorts Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Dischazge Pemut System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepazed in accordance with the terms of this permit . shall be available for public inspection a[ the offices of the Division and the Environmental Protection Agency. The name and address of the pemit applicant(s) and petmittee(s), permit applications, permits and eft7uent data shall not be considered confidential. Knowingly making false statement on any such report tray result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. 5. Modification, Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the permittee for a permit modification, revocafion and reissuance, termination or a notification of planned changes or anticipated noncompliance, does not stay any pertnit condition. a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons detem~ined by the Division including, but not limited to, the following: i) Violation of any temts or conditions of the permit; ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a pemtit or to the establishment of terms or conditions of the pemtt or iii) Materially false or inaccurate statements or informaton in the permit application or the permit. iv) A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modi£cations or termination. b. A pemtit may be modified in whole or in part for the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Discharge Pemtit System Regulations: i) There aze material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of pertnit conditions that are different or absent in the existing pemit. ii) The Division has received new information which was not available at the time of permit issuance (other than revised • regulations, guidance, or test methods) and which would have justified the application of different pemtiC conditions at the rime of issuance. For permits issued to new sources or new dischargers, this cause includes infom~ation derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This provision allows a modification of the permit to include conditions that aze less stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations.